Do agency workers have protection from being subjected to a detriment in relation to the Agency Workers Regulations 2010?
Yes. The Agency Workers Regulations 2010 (SI 2010/93) give agency workers the right not to be subjected to a detriment on the grounds listed in reg.17. These are that the agency worker:
- brought proceedings under the Regulations;
- gave evidence or information in connection with such proceedings brought by any agency worker;
- made a request under reg.16 for a written statement;
- otherwise did anything under the Regulations in relation to a temporary work agency, hirer or any other person;
- alleged that a temporary work agency or hirer has breached the Regulations; or
- refused (or proposed to refuse) to forgo a right conferred by the Regulations,
including where the hirer or a temporary work agency believes or suspects that the agency worker has done or intends to do any of these things.
The right does not apply where the agency worker alleges that an agency or hirer has breached the Regulations and the allegation is false and made in bad faith.
The agency worker can bring a claim against the temporary work agency, the hirer, or both, at an employment tribunal. A tribunal can make a declaration, order payment of compensation and/or make recommendations for action to be taken.